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2022 Supreme(Online)(Kar) 54340

W.P.No.200806/2022

1

IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 7TH DAY OF JUNE, 2022

BEFORE

THE HON’BLE MR. JUSTICE S. VISHWAJITH SHETTY

WRIT PETITION NO.200806/2022 (GM-POLICE)

BETWEEN:

Amar Sports & Cultural Recreation

Association, Plot No.1 & 2,

Shankrappa Layout,

Raichur-Lingasugur Road,

Lingasugur, District: Raichur-584122.

Represented by its Secretary,

Sharanagouda S/o Ayyanagouda,

Age: 41 years, Occ: Business,

R/o: Kuppigudda Village,

Tq: Lingasugur.

… Petitioner

(By Sri. Mahadev S.Patil, Advocate)

AND:

1.

The State of Karnataka,

Through Home Department,

Bengaluru-560001.

2.

The Superintendent of Police,

Raichur-584103.

3.

The Deputy Superintendent of Police,

Raichur-584103.

W.P.No.200806/2022

2

4.

The Circle Inspector of Police,

Rural Circle, Raichur-584103.

5.

The Sub-Inspector of Police,

Rural Police Station,

Raichur-584103.

… Respondents

(By Sri. Bhojegouda T.Koller, AGA for R1 to R5)

This Writ Petition is filed under Articles 226 & 227 of

the Constitution of India, praying to issue a writ in the nature

of Prohibition or any other appropriate writ or order,

prohibiting Respondent No:2 to 5 from interfering in day to

day affairs of petitioner club and etc.

This petition coming on for Preliminary Hearing this

day, the Court made the following:

The petitioner-Association has filed the instant writ

petition

seeking

an

appropriate

order

against

the

respondents No.2 to 5 as it is alleged by the petitioner that

said respondents have been interfering with day to day

affairs of the petitioner club.

2.

Learned counsel for the petitioner submits that

the petitioner-Association is a registered body and its

Members have been indulging in indoor and outdoor games

and other activities within the club premise which are neither

3

unlawful nor illegal. He submits that the respondents No.4

and 5 authorities are interfering with the petitioners day to

day affairs on the ground that the petitioner-Association is

required to secure the licence form the competent authority

for the purpose of running a recreation club. He has relied

upon the orders passed by this Court in Writ Petition

No.203740/2019 disposed of on 23.09.2019 and submits

that even the present writ petition could be disposed of in

terms of the order passed by the Division Bench of this court

in Writ Appeal No.200290/2015 and the Review Petition

No.200029/2016 which has been taken into consideration by

the Coordinate Bench of this Court while disposing of Writ

Petition No.203740/2019.

3.

Learned

Additional

Government

Advocate

appearing on behalf of the respondents submits that the

allegations made in the writ petition are not correct and the

respondents No.2 to 5 have not demanded for securing any

licence for the purpose of running a recreation club. He

submits that respondents No.4 and 5 have taken action in

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accordance with law and no high handed action has been

taken by the respondents No.2 to 5 till date. This court in

series of writ petitions has disposed of the similar matters

imposing certain conditions on the petitioner as well as the

respondents.

4.

The Coordinate Bench of this Court in Writ

Petition No.207054/2014 disposed of on 15.12.2014 has

imposed certain conditions while disposing of similar writ

petitions. Considering the same even this writ petition is

disposed of in terms of order made in Writ Petition

No.207054/2014 disposed of on 15.12.2014. Accordingly, the

following :

ORDER

The writ petition is allowed.

(i)

The petitioner shall install within a period of

six weeks, CC TV cameras, at all the places

of access to its members and also at all the

places, wherein games(s) is / are played by

the members. The CC TV footage of atleast

prior 15 days’ period shall be made

available by the petitioner, to the police, as

and when called upon to do so.

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(ii)

The petitioner shall issue identity card(s) to

all its member(s), which shall be produced

by the member(s), when called upon by the

police, during the raid(s) and survelliance

etc.

(iii)

The petitioner shall not permit any activity

by any of its member(s), by indulging in

acts of amusement, falling within the

definition of Ss.2(14) & 2(15) of the Act

and shall not permit any game(s) of chance

as per Explanation (II) of Sub-section (7)

of Section 2 of Karnataka Police Act, 1963.

(iv)

The petitioner shall put proper mechanism

in place and shall ensure that no game(s) is

played in any unlawful manner by the

member(s). If the police find that game(s)

played is contrary to any law and in

violation of the settled practice, it is open

to them to take action against petitioner

and the offenders, in accordance with law.

(v)

The jurisdictional police shall have liberty to

visit premises periodically and/or on receipt

of any information about any unlawful

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activity being carried on in the petitioner’s

premises.

(vi)

The

respondents

are

directed

not

to

interfere

with

the

lawful

recreational

activities carried on by the members of the

petitioner – Club / Association.

(vii)

It is made clear that this order would not

come in the way of the jurisdictional police

invoking the provisions of the Act and

taking action in accordance with law, if the

member(s) of the petitioner are found to

have indulged in any unlawful or immoral

activities.

No order as to costs.

Sd/-

JUDGE

sn

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